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Downey, CA Home Business: Home Daycare (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
DMC § 9312.06, Table 9.3.2
Small family day care
8 or fewer children, Permitted
Large family day care
9-14 children, Permitted
Zones covered
R-1, R-2, R-3, R-3-O, all Permitted
CUP required
None listed

Summary

Downey treats family day care homes as an outright permitted residential use. Both small homes (eight or fewer children) and large homes (nine to fourteen children) are allowed by right in every residential zone in the city, with no conditional use permit or discretionary review required.

Table 9.3.2. Residential Zones Use Regulations. Use R-1 (all lot sizes) R-2 R-3 R-3-O Notes and Exceptions. Family day care home, child ... large (9-14) P P P P ... small (8 or fewer) P P P P

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4807734; v5 updated 2026-01-27).

Full Breakdown

' Both tiers carry a 'P' designation, meaning Permitted, across all four residential zone columns: R-1 (all lot sizes), R-2, R-3 and R-3-O. 06(a), the table governs what is allowed in each residential zone, and any use not listed on the table is deemed Not Permitted by default; family day care homes are affirmatively listed as permitted rather than left out. Unlike several other residential uses on the same table, such as apartments, duplexes, and residential care facilities, no 'Notes and Exceptions' cross-reference or conditional use permit requirement is attached to either day care tier, meaning a small or large family day care home does not need Site Plan Review, a Conditional Use Permit, or Commission approval to operate in a Downey residential zone.

This zoning treatment lines up with state law: California's Health and Safety Code recognizes family day care as a residential use as a matter of right, and Downey's own use table implements that by permitting both size tiers city-wide rather than confining them to a subset of residential zones. A prospective home day care operator still must obtain the required state license through the California Department of Social Services and comply with any building and fire code requirements that apply to the residence, but no separate zoning entitlement or use permit from the City is needed before the license is issued.

Violations & Fines

Because family day care homes are a by-right use, the City cannot deny a zoning clearance or require a discretionary permit for a state-licensed home within the applicable capacity tier. Operating a facility above the state license capacity for the property, or operating without the required state license, remains subject to state licensing enforcement and can also trigger a Downey code enforcement complaint for exceeding the permitted use classification on the property.

Frequently Asked Questions

Can I run a home daycare in any Downey residential zone?
Yes. Table 9.3.2 under DMC § 9312.06 lists family day care homes, both the small (8 or fewer) and large (9-14) tiers, as a Permitted use in R-1, R-2, R-3, and R-3-O zones, with no conditional use permit required.
Does Downey require a special zoning permit for a large family day care home?
No. The use table does not attach a Notes and Exceptions cross-reference or CUP requirement to either day care tier, unlike other listed residential uses, so no discretionary zoning approval is needed beyond the applicable state license.
Is there a cap on how many children can be in a Downey home daycare?
The zoning table splits day care homes into small (8 or fewer) and large (9-14) tiers, both Permitted; actual licensed capacity is set by the California Department of Social Services under state family day care licensing law.

Sources & Official References

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